Law in Quebec

News about Quebec legal developments


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  • French-language law faculties grappling with new breed of generative AI tools

    A year after the emergence of a new breed of generative artificial intelligence tools were thrust into public consciousness, with the program ChatGPT leading the charge, French-language law faculties in Quebec, Ontario and New Brunswick are still grappling over its far-reaching potential impacts on teaching and learning in higher education.

    The widespread availability of free and low-cost AI chatbots capable of generating sophisticated, human-like responses culled from heaps of data from open-web content has stirred debate and prompted deliberation within French-language law faculties over a host of issues, ranging from academic integrity or cheating, cognitive bias, privacy and security concerns, intellectual property rights, and the benefits and risks of implementing AI tools in teaching and learning.

    Some law faculties, while they have not closed the door on implementing their own internal policies, have however opted to wait for their institution to forge an establishment-wide AI policy. Others such as the Université du Québec à Montréal see no need for a university-wide policy or formal departmental guidelines governing the use of AI, other than the stipulation that students respect academic integrity regulations.

    “It’s clear that things are changing fast, which is why we need to work well,” said David Robitaille, vice-dean of studies at the Faculty of Law – Civil Law at the University of Ottawa. “It’s certainly a priority issue for faculties, at least for ours. But we shouldn’t rush into solutions too quickly.”

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  • Bill paves the way for Quebec law students to provide legal advice and consultations

    The heads of Quebec’s law schools welcomed a new bill that would allow law students working at university legal clinics to give legal advice and consultations under the supervision of lawyers and notaries, a development that would finally put them within reach of what law students in the rest of the country can provide.

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  • Some U.S. law firms use forced arbitration on summer associates

    Some major U.S. law firms require their summer associates to sign “forced” arbitration agreements and related nondisclosure agreements related to workplace misconduct, including sexual harassment, according to a survey by top American law schools.

    More tellingly, nearly half of the 400 U.S. law firms and legal organizations who received the survey chose not to respond to the survey.

    “Almost half of the firms who received the survey – nearly 200 – have decided to hide behind a wall of secrecy,” said Molly Coleman, a second-year law at Harvard Law School and one of the organizers of the survey. “Especially in the #MeToo era, we are disheartened that they are unwilling to take a simple step to engage on this important issue.”

    The survey, issued by 50 American law schools, was launched in response to student concerns about discrimination, including sexual harassment, in summer and post-graduate jobs.

    The issue came to the fore this spring after Harvard Law School lecturer Ian Samuel tweeted that a major law required summer associates to agree to sign a “a very unusual agreement,” which he described as “plainly calculated” to shield the law firm from harassment claims.

    In the wake of the controversy, the top tier law firm backed down, announcing that it will not require mandatory arbitration provisions and related nondisclosure agreements for its summer associates. Other law firms also reversed course.

    American law students are now petitioning their schools to require all employers recruiting on campus to drop forced arbitration agreements.

    “The legal practice is very, very quiet when it comes to things that are happening in legal workplaces,” told me a labour lawyer who deals extensively with workplace harassment. “As lawyers, especially when you are just starting and when you may be particularly vulnerable to harassment, there is such a power imbalance in law firms. You depend so much on your reputation and other people’s word of mouth on your reputation that there are very significant barriers to people speaking out about sexual harassment.”

    The labour lawyer expects that law firms too will face their #MeToo day of reckoning but that it will “probably be not in such a public way.”


    The results of the survey, which include the names of U.S. law firms and legal organizations, can be downloaded here:

    Employer 2018 Survey Regarding Arbitration Agreements – Law firms & Legal Organizations

  • Law students hiding mental health issues and alcohol and drug use

    A “significant percentage” of American law students are grappling with mental health and alcohol and drug problems, reveals a recent study, the first to assess alcohol and drug use among law students since 1991 and the first ever to assess prescription use or misuse, mental health issues, and help-seeking attitudes.

    More troubling is that law students are afraid of seeking help because they fear that it may jeopardize their chances of being admitted to the bar or getting a good job. Law students, “socialized into a competitive environment in which showing any vulnerability is discouraged,” are also afraid of the social stigma that may be associated with seeking help, according to the study.

    “For a self-regulating profession, these data should be very worrisome,” warned the study entitled “Helping law students get the help they need.” “We need to do something, and we need to get started now.”

    The study, conducted by a law professor, a dean of law students, and the programming director of a non-profit focused on lawyers’ mental health, surveyed more than 3,300 law students from 15 American law schools about their drinking, drug use, and mental health. Twenty-two per cent of law students reported binge drinking two or more times in the previous weeks, and almost a quarter showed signs that they should go undergo further testing for alcoholism.

    Use of marijuana and cocaine appears to have increased since a 1991 survey. Fourteen per cent of law students said they used marijuana in the past 30 days (compared to eight per cent in 1991), and 2.5 per cent had used coke (compared to one per cent in 1991).

    Over 14 per cent of law students reported use of some prescription drug without a prescription in the prior 12 months. Approximately 13 per cent of those with a prescription shared their prescription drugs with others in the past 12 months, with stimulants the most frequently distributed.

    More than a quarter of law students reported that they had received at least one diagnosis of depression, anxiety, eating disorders, psychosis, personality disorder and/or substance use.

    But law future law students are not seeking help, and nor do they intend to. Only four per cent of law students said they used a health professional to deal with alcohol or drug abuse. And while 42 per cent of would-be lawyers believed they needed help for emotional or mental health problems, roughly half actually received counselling from a health professional.

    That’s because a staggering 63 per cent of students thought that seeking help was a potential threat to getting admitted to the bar, 62 per cent felt getting assistance was a potential threat to job or academic status, and 43 per cent were concerned about privacy and social stigma. Just as discouraging, 39 per cent of law students felt they could handle the problem themselves, while more than a third stated they simply don’t have the time.

    Existing research suggests that a significant number of lawyers who face discipline have an underlying addiction or mental health issue that could affect their ability to fulfil their responsibilities to clients.

    “Those most in need of help are least likely to seek help,” pointed out the study. “The very students who most need to understand that they will be best served by seeking help and getting the help they need are the very students who are most concerned that seeking help will be detrimental to their bar admission processes.”

    That’s where the culture of law comes into play. Many law students – even before getting to law school – get advice from advisors or from lawyers they consulted to “think carefully” about disclosing information and to be “wary” of how disclosure might be perceived by law schools or by state boards of law examiners. “Character and fitness” questions on law school applications or by state bars appear to be counterproductive and may discourage students from seeking help, suggests the study.

    “While in law school, students are getting messages indicating that seeking help may be problematic for their professional careers,” noted the study. “The competitive nature of law school reinforces a message that students are better off not seeking help and instead trying to handle problems on their own.”

Law in Quebec
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